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I need to know what these are exactly and if they are enforceable. Is there a way to know if the PCT has an expire date or how many times it's been filed and published? Or how to know if anyone has ever been prosecuted for infringing them? I understand that PCT is a patent application, from what date can it be enforced if approved? Can both these be disputed? Note that these products are common for several years and I'm amazed they are patentable.

https://patentscope.wipo.int/search/en/detail.jsf?docId=EP11198826&recNum=1&maxRec=&office=&prevFilter=&sortOption=&queryString=&tab=NationalBiblio

https://patentscope.wipo.int/search/en/detail.jsf?docId=WO2013178747&recNum=1&maxRec=&office=&prevFilter=&sortOption=&queryString=&tab=PCT+Biblio

  • your question contains many queries – Pushpak Feb 10 '15 at 11:54
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  1. Is there a way to know if the PCT has an expire date or how many times it's been filed and published?

PCT is international application, it is not granted patent so expiry is calculated in terms of national phase entry. In general national phase entry can be made withing 20,30,31,40 months from priority dated based on jurisdiction.

There is no comprehensive way to check if national phase patent application is filed from PCT. WIPO does list national phase entry but not all country report back.

  1. how to know if anyone has ever been prosecuted for infringing them?

User has to search court related databases or applicant filed cases. There are many paid legal search engine for same.

  1. I understand that PCT is a patent application, from what date can it be enforced if approved?

In case of India Patent granted on the basis of PCT national phase entry can is enforced from PCT filing date (ID 22).

  1. Can both these be disputed?

Any patent application granted earlier can be disputed in patent law provided, a valid question on novelty, inventive-step is present.

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